I. NATURE OF CONSTITUTION A. WHAT IS A CONSTITUTION?

- A body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. - a written instrument enacted by the direct participation of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among various departments for their more safe and useful exercise for the benefit of the body politics. B. PURPOSE OF THE CONSTITUTION 1. To prescribe a permanent framework of a system of government; 2. To distribute among various departments their respective powers ,duties and rights; 3. To establish certain fixed principle s on which the government is established or founded. C. CLASSIFICATION OF CONSTITUTION 1. According to form a. Written one whose precepts are embody in one or sets of written and definite document and/or form; b. Unwritten- consists of rules not integrated into single concrete form but are found in various sources such as [1] statutes of fundamental character, [2] judicial decisions, [3] customs and traditions, [4] commentaries of publicists and [5] common law principles 2. According to origin/history a. Conventional/enacted- one which is enacted by formal and deliberate act of a constitutional body or ruler at a definite time and place;

b. Cumulative/Evolved- -one which is the product of growth or political evolution or a long period of development originating in customs,traditions, judicial decisions rather than from deliberate and formal enactment 3. As to manner of amendments/revision a. Rigid- one accorded document a special sanctity and can only be amended by a formal and special process; b. Flexible- one that can be changed by ordinary legislation. The 1987 Philippine Constitution can be classified as a written, conventional and rigid constitution. D. ESSENTIAL QUALITIES/CHARACTERISTICS OF A WRITTEN CONSTITUTION 1. It must be broad and/or comprehensive to includes the entire organization of the government and covers all persons and things within the territorial jurisdiction of the Philippines. 2. It must be brief to be adjustable to change and easy to amend. 3. It must be definite to avoid ambiguity and divisiveness. E. ESSENTIAL PARTS OF A WRITTEN CONSTITUTION 1. Constitution of Government - refers to those provisions which set-up government structure or organization. Examples. Articles VI,- VIII and X 2. Constitution of Liberty-setting forth fundamental civil and political rights of the people and setting limitations to government powers to avoid abuse. Examples. Articles II, III,IV, V, XII

3. Constitution of Sovereignty- provisions which outline the process whereby the sovereign people may change/amend the constitution. Ex. Article XVII F. HISTORICAL DEVELOPMENT OF THE PHILIPPINE CONSTITUTION - Malolos Constitution took effect on January 1899 . It has hardly enforced because the Americans took over and imposed its own government.. during American period various organic act were made effective which unclose the following [1] Instruction to the Second Philippine commission; [2] Philippine bill of 1902;[3] Philippine Autonomy Act of 1916 or Jones Law; -By authority of the Phillippine Independence Law, the 1935 Constitution was formulated by the 19341935 constitutional convention and ratified by the people in a referendum. -1973 Constitution Resolution no. 4 was passed on June 17, 1969 calling foara Convention to propose amendments to the Constitution. On November 20, 1970 , the election of delegates to Constitutional convention was held and on November 24, 1972 , the convention approved the proposed constitution. PD 73 was issued by President Marcos submitting for ratification the said proposed Constitution on Jan. 15, 1973. But the same was suspended by the issuance of General Order No. 20. Instead President Marcos issued PD 86 creating the citizen assemblies and submitting the approval of the 1973 constitution. -Freedom Constitution was came into existence thru Proclamation no. 3 issued by President Corazon Aquino on March 25, 1986 to legitimize the authority of Aquino administration after the peaceful EDSA revolution. -1987 Constitution PD No. 9 created a Constitutional Commission composed of 50 members under the presidency of Justice Cecilia Munoz Palma. Said Body drafted the 1987 Constitution which was ratified in a plebiscite held on February 2, 1987. with which the powers of sovereignty are habitually exercised.

G. THE DOCTRINE OF SUPREMACY OF THE CONSTITUTION The Constitution is the most basic and most paramount law to which all other laws must conform and to which all persons including the higher officials of the land must defer. No act shall be valid however noble its intentions if it is in conflict with the Constitution. The Constitution must reign supreme. Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since, the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract [Manila Hotel versus GSIS] H. BASIC PRINCIPLES UNDERLYING PHILIPPNE CONSTITUTION 1.Recognition of the Almighty God 2.Sovereignity of the people 3.Supremacy of civilian authority over the military 4. Separation of Church and State 5.Guarantee of human rights 6.Government through suffrage 7. Separation of powers 8.Independence of the judiciary

9.Rule of the majority 10.Government of laws and not of men I. RULES ON INTERPRETATION The rule is in case of doubt, the Constitution should be considered self-executing rather than non-selfexecuting; mandatory rather than directory; and prospective rather than retrospective. Self executing provision- complete in itself and becomes operative without aid of supplementary or enabling legislation. Example. Section 10 Article XII .. in the grant of rights, privileges and concessions covering national economy and patrimony, the state shall give preference to qualified Filipinos. Non-executing provisions- Examples. Declaration of Principles and states Policies.